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What are the advantages of getting an H-1B visa?

This access to the Land of your Dreams is meant specifically for workers who qualify under the category of specialty occupation. The candidate can enter the US provided he or she has worked in this professional capability for six years.

This status is issued at the start for a three-year period and renewed for another three years. In other words, maximum period of living in the country for an H-1B (H-4) visa holder is a total of six years. Yet, it is possible to extend this privilege based on two scenarios.

The individual managed to file an application for Labor Certification (I-140 petition) at least one year before the six-year limit expires. The certification should also be pending before the applicant can extend the visa on a yearly basis. There will be no constraint on collective number of years of visa extension provided the immigration procedure is current.

I-140 petition of the visa holder has been approved but the immigrant visa number is not available because of retrogression. Then, that person is allowed to extend the H1B Visa based on three-year interludes further than the six-year restriction. In this case, there will be no 365-day condition. Specialty occupation workers are entitled to receive wages from their employers. There is also no need in maintaining foreign residence compared to other temporary visas. Based on legislation, the H1B Visa permits dual intent. Workers can also change companies under this condition.

Spouses and dependents for as long as these are below 21 years of age may be granted permission to enter the US and remain in the country while the H1B visa holder is authorized to work and stay. Children are also allowed to enroll in school on a full or part-time category even without an F1 Visa. You can also have more than one employer in the US and have dual intent or opportunity to formally request for permanent residence in the future. It is also possible to become an entrepreneur even if you are not yet a permanent or legitimate US citizen. Nonetheless, you will always need a USCIS consent to work for any enterprise even if you are its owner. Factors that USCIS will examine carefully are your capacity to pay and actual business requirements.

The H1B visa worker possesses rights while working in the United States. You will always be protected by immigration and employment laws even as a foreign employee. It is equally important to perform vital responsibilities and conform to the prescribed legal status while in this country. The worker has the right to be paid the wage that applies to the type of work and location. You must be given a copy of your Labor Condition Application which describes terms and conditions of the worker’s employment and functions. The working environment should also be free from any type of discrimination.

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